_ENFORCEMENT - M1978352 ‎(13)‎

• Permit No: M1978352
• IBM Index Class Name: Enforcement
• Doc Name: APPENDIX TO MEMORANDUM BRIEF IN SUPPORT OF DEFENDANTS MOTION TO DISMISS OR IN ALTERNATIVE FOR SUMMAR
• Media Type: D
• Archive: No

(a) whe•mining operations are prohibit' by law or regulation
within the boundaries of units of the national park system, the
national wildlife refuge system, the national system of trails ,
the national wilderness preservation system, the wild and
scenic rivers system, or national recreation areas :
(b) which are within the boundaries of , and are owned , leased,
or have been developed by, any recreational facility estab-
lished pursuant to Article 7 of Title 29, C. R.S . 1973, unless
otherwise authorized by the appropriate governing body or unless
the operation will not create any surface disturbance therein:
(c) which are within the boundaries of , and are owned, leased,
or have been developed by, an recreation district established
pursuant to Article 2 of Title 32 , C .R .S . 1973, unless other-
wise authorized by the board of directors of the district or
unless the operation will not create any surface disturbance
therein ; and
(d) which are within the boundaries of any unit of the state park
system or any state recreational area in which the entire fee
estate is owned by the state of Colorado, unless the mining
operation is approved jointly by the board , by the govenor ,
and by the board of parks and outdoor recreation, or unless
the operation will not create any surface disturbance therein;
115(4) (g) (8) The proposed mining operation and reclamation could not be carried
out in conformance with the requirements of Rule 6.
120 1 .57 No permit for new mining operations shall be aranted to any operator
who is currently found to be in violation of the provisions of this
article with respect to any operation in. this state.
1 .58 The Board shall set forth in writinn its grounds for denial of any permit.
1 . 59 Any applicant denied a permit may request the Board' s reconsideration.
Such action shall not affect applicant ' s appeal rights provided by law.
103(6) 1 .6 Cessation and Termination
A permit granted pursuant to Rule 2 or 3 may continue in effect as long as :
1 .61 An operator continues to engage in the extraction of minerals and
compiles with the provisions of this article.
1 .62 Mineral reserves are shown by the operator to remain in the mining
operation. If the operator plans to, or does , temporarily cease
production for one hundred eighty days ( )80) or more , he must file a
notice thereof with the Board statinn the reasons for non-production ,
a plan for the resumption thereof, and the measures taken to comply
with reclamation and other necessary activities as established by the
Board to maintain the mine in a non-producinn state. The requirement
of a notice of temporary cessation shall not apply to operators who
resume operating within one year and have included . in their permit
applications , a statement that the affected lands are to be used for
less than one hundred eighty ( 180) days Der year.
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